Current through Register Vol. XXXIX, No. 11, March 18, 2022
8.1. Every agency
shall fully inform and cooperate with the Division in its investigation of
8.2. The Division's
investigation shall consist of, but in the Division's discretion need not be
limited to, the review and approval of the agency's determination of the
probable cause of the event.
If the Division determines that the transit agency's determination of probable
cause is not supported by a preponderance of the evidence submitted by the
agency, the Division may require additional submissions as it deems necessary
until it is satisfied that the agency's determination appropriate, or that a
preponderance of the evidence submitted by the agency supports a determination
other than that of the agency.
The Division may use a contractor to conduct investigations, and to prepare
the agency's report of an event under this section, nor any investigation
report that may be prepared by the Division or its contractor regarding such
event, shall be admitted into evidence or used in a civil action for damages
resulting from a matter mentioned in either of the reports.